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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Control of Weapons (Amendment) Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Principal Act 2
4. Body armour to be prescribed 2
5. Definitions 2
6. New section 5 substituted and sections 5A and 5B inserted 4
5. Prohibited weapons 4
5A. Identifying persons purchasing prohibited weapons 4
5B. Recording sales of prohibited weapons 5
7. Controlled weapons 6
8. Body armour 6
9. New sections 8B to 8F inserted 6
8B. Exemptions for prohibited weapons and body armour 6
8C. Approvals for prohibited weapons and body armour 7
8D. Ministerial guidelines 8
8E. Offences regarding exemptions and approvals 9
8F. Chief Commissioner to report on applications for
approval 9
10. Return of seized weapons or items 9
11. Consequential amendments 11
12. Transitional provisions 11
13. Consequential amendment of Vagrancy Act 1966 12
NOTES 13
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541038B.I1-5/5/2000 BILL LA CIRCULATION 5/5/2000
PARLIAMENT OF VICTORIA
Initiated in Assembly 3 May 2000
A BILL
to make miscellaneous amendments to the Control of Weapons Act
1990, to make a consequential amendment to the Vagrancy Act 1966
and for other purposes.
Control of Weapons (Amendment) Act
2000
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to make miscellaneous
amendments to the Control of Weapons Act
1990 and to make a consequential amendment to
5 the Vagrancy Act 1966.
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2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
5 operation before 1 July 2001, it comes into
operation on that day.
No. 24/1990. 3. Principal Act
Reprint No. 2
In this Act, the Control of Weapons Act 1990 is
as at
20 August
called the Principal Act.
1998.
10 4. Body armour to be prescribed
In section 3 of the Principal Act, for the definition
of "body armour" substitute--
' "body armour" means a garment or item--
(a) that is designed, intended or adapted for
15 the purpose of protecting the body from
the effects of a weapon, including a
firearm within the meaning of
section 3(1) of the Firearms Act 1996;
and
20 (b) that is prescribed by the regulations to
be body armour;'.
5. Definitions
(1) In section 3 of the Principal Act, insert the
following definitions--
25 ' "controlled weapon" means--
(a) a knife, other than a knife that is a
prohibited weapon; or
(b) an article that is prescribed by the
regulations to be a controlled weapon;
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"corrections officer" means--
(a) a person referred to in section 12(1) of
the Corrections Act 1986; or
(b) a person authorised by the Secretary
5 under section 9A of the Corrections
Act 1986;
"military officer" means a person serving as a
member of the naval, military or air forces of
the Commonwealth;
10 "police officer" means--
(a) a member of the police force; or
(b) a police reservist, police recruit or
protective services officer within the
meaning of the Police Regulation Act
15 1958; or
(c) an employee in the office of the Chief
Commissioner of Police; or
(d) a member of the police force of the
Commonwealth or of another State or a
20 Territory of the Commonwealth;
"prohibited person" has the same meaning as in
section 3(1) of the Firearms Act 1996;
"prohibited weapon" means an article that is
prescribed by the regulations to be a
25 prohibited weapon;'.
(2) In section 3 of the Principal Act, the definitions of
"prescribed weapon" and "regulated weapon" are
repealed.
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6. New section 5 substituted and sections 5A and 5B
inserted
For section 5 of the Principal Act substitute--
'5. Prohibited weapons
5 (1) A person must not--
(a) bring into Victoria; or
(b) cause to be brought into or sent into
Victoria; or
(c) manufacture, sell or purchase; or
10 (d) display or advertise for sale; or
(e) possess, use or carry--
a prohibited weapon without an exemption
under section 8B or an approval under
section 8C.
15 Penalty: 120 penalty units or imprisonment
for 6 months.
(2) A person must not sell a prohibited weapon
unless the person reasonably believes that
the purchaser of the weapon has an
20 exemption under section 8B or an approval
under section 8C allowing the purchaser to
possess the weapon.
Penalty: 120 penalty units or imprisonment
for 6 months.
25 5A. Identifying persons purchasing prohibited
weapons
(1) A person (the "seller") must require a person
attempting to purchase a prohibited weapon
from the seller (the "purchaser") to produce
30 evidence as to the purchaser's identity--
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(a) by means of a passport, driver licence
or other document in one of the
prescribed categories, if that document
bears a photograph of the purchaser; or
5 (b) by means of 2 documents in the
prescribed categories but each in a
different category.
Penalty: 20 penalty units.
(2) A person must not sell a prohibited weapon
10 to a person who is unable to produce the
required evidence of identity under sub-
section (1).
Penalty: 20 penalty units.
(3) A person must not produce false evidence of
15 identity under sub-section (1).
Penalty: 60 penalty units.
5B. Recording sales of prohibited weapons
(1) A person who sells a prohibited weapon
must keep a record of the sale in accordance
20 with this section.
Penalty: 20 penalty units.
(2) A record under this section--
(a) must be in the form, and contain the
information, prescribed by the
25 regulations; and
(b) must be kept for a period of 3 years
after the sale to which it relates.
(3) A member of the police force, at any
reasonable time, may require a person to
30 produce for inspection a record kept under
this section.'.
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7. Controlled weapons
(1) In section 6 of the Principal Act--
(a) in sub-section (1), for "any regulated
weapon" substitute "a controlled weapon";
5 (b) in sub-section (2), for "regulated weapon"
substitute "controlled weapon".
(2) In section 6 of the Principal Act, after
sub-section (3) insert--
"(4) In considering whether a person has lawful
10 excuse to possess, carry or use a controlled
weapon, the court must have regard to the
circumstances, such as time and location, of
the incident.".
8. Body armour
15 In section 8A of the Principal Act--
(a) in sub-section (1), for "this section or the
written approval of the Chief Commissioner
of Police" substitute "section 8B or an
approval under section 8C";
20 (b) sub-sections (2) to (9) are repealed.
9. New sections 8B to 8F inserted
After section 8A of the Principal Act insert--
"8B. Exemptions for prohibited weapons and
body armour
25 The Governor in Council may, by Order
published in the Government Gazette--
(a) exempt from any provision of section 5
or 8A (as the case requires)--
(i) a class of persons or class of
30 prohibited weapons or body
armour; or
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(ii) a corrections officer, military
officer or police officer (by name
or description of office); and
(b) specify conditions and limitations to
5 which an exemption under
paragraph (a) is subject.
8C. Approvals for prohibited weapons and body
armour
(1) Subject to sub-section (2), the Chief
10 Commissioner of Police may grant an
approval to a person to do anything that is
otherwise prohibited by section 5 or 8A.
(2) The Chief Commissioner cannot grant an
approval under this section to--
15 (a) a prohibited person; or
(b) a corrections officer, military officer or
police officer in connection with their
official duties.
(3) An application for approval must be--
20 (a) in the form approved by the Chief
Commissioner; and
(b) contain the information required by the
Chief Commissioner; and
(c) be accompanied by the prescribed fee.
25 (4) Before granting an approval the Chief
Commissioner must have regard to the
guidelines issued by the Minister under
section 8D.
(5) The Chief Commissioner may--
30 (a) grant an approval for a specified period
or indefinitely;
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(b) vary or revoke an approval at any time,
including an approval granted for a
specified period.
(6) An approval--
5 (a) must be in writing; and
(b) is subject to--
(i) a condition that the prohibited
weapon or body armour is stored
safely and securely and in the
10 manner (if any) specified by the
Chief Commissioner in the
approval; and
(ii) any other conditions or limitations
that the Chief Commissioner
15 considers appropriate.
(7) The Chief Commissioner may--
(a) refuse to grant an approval to an
applicant who is under the age of
18 years; or
20 (b) impose conditions or limitations on an
approval granted to an applicant who is
under the age of 18 years that the Chief
Commissioner would not impose on an
applicant of or over that age.
25 8D. Ministerial guidelines
(1) The Minister may issue guidelines relating to
the granting of approvals under section 8C,
including guidelines prohibiting or
restricting the granting of approvals to
30 applicants who are under the age of 18 years.
(2) Any guidelines issued by the Minister under
sub-section (1) must be published in the
Government Gazette.
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8E. Offences regarding exemptions and
approvals
(1) A person must not intentionally or recklessly
breach a condition to which an exemption
5 under section 8B or an approval under
section 8C that applies to the person is
subject.
Penalty: 10 penalty units.
(2) A person must not knowingly make a
10 statement in an application for approval
under section 8C that is false or misleading
in a material particular.
Penalty: 10 penalty units.
8F. Chief Commissioner to report on
15 applications for approval
(1) Within 30 days after the end of each
financial year, the Chief Commissioner of
Police must make a report to the Minister
regarding applications for approval under
20 section 8C in that financial year.
(2) A report under this section must be in the
form, and contain the information, required
by the Minister.".
10. Return of seized weapons or items
25 (1) In section 9 of the Principal Act--
(a) in sub-section (1), for "prescribed weapon,
regulated weapon" substitute "prohibited
weapon, controlled weapon";
(b) in sub-section (2)--
30 (i) for "prescribed weapon, regulated
weapon" substitute "prohibited
weapon, controlled weapon";
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(ii) after "forfeited" insert "under sub-
section (1)".
(2) In section 9 of the Principal Act, for sub-sections
(3) and (4) substitute--
5 "(3) A prohibited weapon, controlled weapon,
dangerous article or body armour which has
been seized in relation to an offence by a
person under this Act must be returned to
that person in accordance with this section
10 if--
(a) proceedings for that offence are not
commenced within the period of
3 months after the seizure; or
(b) a decision is made within that period
15 not to bring proceedings for that
offence.
(4) The member of the police force in charge of
the police station at which the prohibited
weapon, controlled weapon, dangerous
20 article or body armour is kept must give
notice to the person from whom the
prohibited weapon, controlled weapon,
dangerous article or body armour was seized
of his or her right to have it returned.
25 (5) If a person who is given notice under sub-
section (4) does not apply within 7 days after
the receipt of the notice for the return of the
prohibited weapon, controlled weapon,
dangerous article or body armour as the case
30 requires, the prohibited weapon, controlled
weapon, dangerous article or body armour is
forfeited to the Crown and must be sold or
destroyed.
(6) A person who applies under this section for
35 the return of a prohibited weapon, controlled
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weapon, dangerous article or body armour,
must collect it from the police station at
which it is kept.
(7) If the person who applies for the return of a
5 prohibited weapon, controlled weapon,
dangerous article or body armour is under
the age of 18 years, the prohibited weapon,
controlled weapon, dangerous article or body
armour must not be returned to him or her
10 unless he or she is accompanied by a parent
or guardian to collect it.".
11. Consequential amendments
In the Principal Act--
(a) in section 10(1)--
15 (i) in paragraph (a), for "prescribed
weapon or a regulated weapon"
substitute "prohibited weapon or
controlled weapon";
(ii) in paragraphs (c) and (d), for
20 "prescribed weapon or regulated
weapon" substitute "prohibited
weapon or controlled weapon";
(b) in section 11(1)(c), for "prescribed weapon"
substitute "prohibited weapon".
25 12. Transitional provisions
(1) In section 13(3)(a) of the Principal Act, for
"section 5" substitute "section 8B".
(2) In section 13 of the Principal Act, after
sub-section (3) insert--
30 "(4) An exemption under section 5(2) as in force
immediately before the commencement of
section 6 of the Control of Weapons
(Amendment) Act 2000 continues to be in
force after that commencement according to
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its tenor as if it were an exemption given
under section 8B.
(5) An exemption under section 8A(2) as in
force immediately before the commencement
5 of section 8 of the Control of Weapons
(Amendment) Act 2000 continues to be in
force after that commencement according to
its tenor as if it were an exemption given
under section 8B.
10 (6) An approval under section 8A as in force
immediately before the commencement of
section 8 of the Control of Weapons
(Amendment) Act 2000 continues to be in
force after that commencement according to
15 its tenor as if it were an approval given under
section 8C.
(7) Any reference to a prescribed weapon in any
document, including an exemption referred
to in sub-section (4), must be construed, so
20 far as it relates to any period after the
commencement of section 5 of the Control
of Weapons (Amendment) Act 2000, as a
reference to a prohibited weapon.
(8) Any reference to a regulated weapon in any
25 document must be construed, so far as it
relates to any period after the
commencement of section 5 of the Control
of Weapons (Amendment) Act 2000, as a
reference to a controlled weapon.".
30 13. Consequential amendment of Vagrancy Act 1966
No. 7393. In section 8(a)(ii) of the Vagrancy Act 1966, for
Reprint No. 4
"prescribed weapon or a regulated weapon"
as at 14
substitute "prohibited weapon or controlled
March 1996.
weapon".
35
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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